Legal Question in Civil Litigation in Pennsylvania
Our rental property neighbor has recently (after we evicted the last tenants they were friends with) starting complaining that our deck was on their property. It was built 12 years ago when we lived there and were friends with them. They got a survey and although the survey looks suspect, the township is saying they are going to sue us to make us remove the deck. We are in PA and the adverse posession law is 21 years but is there any legal starnding we have to keep the deck. The new set-back laws are 10' which are past the deck and into the house so we cannot replace the deck. When we built it we had a permit for replacing an existing deck that was there well over the 21 years but it was then owned by the previous owners. Help!
2 Answers from Attorneys
Don't know what county, my office is in Delaware county, 19082.
You may be mixing issues since the township not your neighbor is threatening suit.
If you are in my area contact my office if not find an attorney that is local with you to consult on the issues.
OK it would be helpful to know where the property is. Without you zip code it's impossible to know. That said adverse possession has nothing to do with anything. What might work to your advantage. Is that at the time you put in it conformed to all the local ordinances. That said you'll probably have to point that out to the local authority. I suspect there isn't anybody left from that era.
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